People v. Porter

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT

June 1, 2010

PEOPLE OF STATE OF NEW YORK, RESPONDENT,v.JAMES PORTER, APPELLANT.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated October 9, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Contrary to the defendant's contention, the proof offered at the hearing, showing that he was twice convicted of failing to register as a sex offender, provided clear and convincing evidence that he was at an increased risk to re-offend (see Correction Law § 168-o). Accordingly, the County Court properly granted the motion of the People of the State of New York for an upward departure of his risk level designation from a level two to a level three sex offender (see People v Turpeau, 68 AD3d 1083, lv denied 14 NY3d 705; People v Walker, 67 AD3d 760, 761).

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